CERTAIN PRINCIPLES OF CRIMINAL PROCEDURE IN THE CONTEXT OF PROTECTING PROCEDURAL RIGHTS OF VULNERABLE PERSONS

Abstract

The purpose of this article is to conduct a comprehensive legal analysis of the regulatory and legal framework and practical mechanisms for ensuring theeffectiveness of criminal proceedings for vulnerable participants in the criminal process in Ukraine, to identify existing gaps and risks, and to justify recommendations for their elimination, taking into account the specific roles of participants in criminal procedural legal relations. Methods. The methodological basis of the study consists of general scientific and special legal methods, in particular dialectical, formal-legal (dogmatic), hermeneutic, systematic analysis, and theoretical generalization methods.Results. Based on an analysis of national legislation, court enforcement practices, doctrinal sources and empirical observations: the principle of equality of participants in criminal proceedings has been outlined as the ability of individuals not only to participate in proceedings, but also to effectively influence their course in accordance with their legitimate interests; key categories of vulnerable participants (suspects/defendants with mental or intellectual disabilities, minors, persons with disabilities, foreigners/persons who do not speak the official language, traumatised victims) and their specific procedural needs have been identified; The regulatory framework and practice have been analysed, revealing the fragmentary nature of the regulation of special measures for suspects compared to witnesses and the lack of clear vulnerability assessment procedures. mechanisms for ensuring the equality of participants and parties to proceedings (involvement of interpreters, adapted procedures, documentation of measures) and requirements for them were examined;Conclusions. Proper observance of the rights of vulnerable participants in criminal proceedings is an element of the right to judicial protection, the principles of accessibility of justice and equality of participants in proceedings. The absence of a single definition of the concept of ‘vulnerable persons’ in procedural law leads to fragmentation of legal regulation and complicates its application. An analysis of current regulations and practice shows that there are different types of procedural vulnerabilities, each of which requires specific guarantees. The existing regulatory framework only partially protects such persons and contains significant gaps.